Mayflower District Court
#in-re-jerrys-flower-barn
This is the start of #in-re-jerrys-flower-barn channel.
Awesome 2024-12-25 09:27 p.m.
https://drive.google.com/file/d/1ktBkFegwBBdXeDLCs8iFaGNdysRL_vBy/view?usp=sharing
cc:@Clark County Sheriff's Office
bcc:@Prothonotary's Office (Card/Contempt Case Number)
Awesome 2024-12-25 09:29 p.m.
(To be docketed and served on or after December 25, 2024, at 11.59 PM EST)
Awesomehttps://drive.google.com/file/d/1ktBkFegwBBdXeDLCs8iFaGNdysRL_vBy/view?usp=sharing cc: @Clark County Sheriff's Office bcc: @Prothonotary's Office (Card/Contempt Case Number)(edited)
Awesome 2024-12-26 11:57 p.m.@Clark County Sheriff's Office Please serve.
Awesome 2024-12-30 03:27 a.m.@Clark County Sheriff's Office Please post proof of summons.
Richo 2024-12-30 10:36 a.m.
He's been dead @Awesome
Richo 2024-12-30 10:36 a.m.
Ask for a random deputy in CCSO server to do it and to send SS
Awesome 2024-12-30 04:04 p.m.@cleerk has been added.
Awesome 2024-12-30 04:05 p.m.@cleerk and @gTheronll have been served; @gTheronll (gTheronll) appears to have absconded himself.(edited)
AwesomeAwesome 2025-01-01 09:04 a.m.
A continuous bench warrant for @gTheronll (gTheronll) will issue if he does not grace us with his presence on or before Wednesday, January 1, 2025 at 4:04 p.m. , 9 months ago .
Awesome 2025-01-02 04:01 a.m.@gTheronll has been added.
Awesome 2025-01-02 04:08 a.m.PAPERLESS ORDER
Defendants in this above-captioned matter are toSHOW CAUSE , no later than Saturday, January 4, 2025 at 4:05 a.m. , 8 months ago , why they should not be held in criminal contempt for their willful failure to pay (itself resulting from an entry of default judgment after their failure to, for 98 days , submit an answer to the complaint) to the State the sum of one hundred and fifty thousand dollars ($150,000), as ordered by the Court on or about September 17, 2024, as https://discordapp.com/channels/1274202187911790632/1279836211703447614/1316247832776409088, notwithstanding the several reminders provided by the Court.
Defendants in this above-captioned matter are to
cc:@cleerk @gTheronll
Awesome 2025-01-02 04:09 a.m.
If you wish to have counsel present, as is your right, please let met know.
gTheronll 2025-01-02 04:14 a.m.
I wish to have counsel present
gTheronllI wish to have counsel present
Awesome 2025-01-02 04:17 a.m.
Do you have anyone in mind?
Awesome 2025-01-02 04:17 a.m.
Alternatively, the Court can appoint a Public Defender.
gTheronll 2025-01-02 04:20 a.m.
Public defender
Awesome 2025-01-09 12:03 p.m.@polyrabies has been added as counsel (Public Defender).
Awesome 2025-01-09 12:04 p.m.
Please file a NOA.
polyrabies 2025-01-09 05:36 p.m.
Filed
polyrabies 2025-01-09 05:49 p.m.Military Service
Your honor, my Client is a active duty Seamen within the United States Navy within the REAL WORLD, he dedicates his life to the protection of the United States, without him and his contributions to the safeguarding of the United States, you and I would likely not be here having free will to participate in these proceedings from our computers.
Your honor, my Client is a active duty Seamen within the United States Navy within the REAL WORLD, he dedicates his life to the protection of the United States, without him and his contributions to the safeguarding of the United States, you and I would likely not be here having free will to participate in these proceedings from our computers.
polyrabies 2025-01-09 05:50 p.m.Reasonable Failure to respond to order of payment
My Client who is an Active Duty Navy Seamen within the real world, was deployed throughout the 98 day period of pay-time, it was unreasonable to expect him to fulfill payment, my Client previously informed the Court within the original Civil Case which you presided over that he was an Active Duty Servicemen of the United States Defence Force.
My Client who is an Active Duty Navy Seamen within the real world, was deployed throughout the 98 day period of pay-time, it was unreasonable to expect him to fulfill payment, my Client previously informed the Court within the original Civil Case which you presided over that he was an Active Duty Servicemen of the United States Defence Force.
polyrabies 2025-01-09 05:54 p.m.Lack of Willful Disobedience
Your honor, due to my Client being a Active Duty Seaman of the United States Navy, he was reasonably occupied during the period of payment defending the United States within the real world, from threats to the Nations security. My Client did not intend to violate the Pay Period, he faced exigent real life circumstances which stem from his serving the United States and its people within the real world. I believe that his Service to the United States the biggest Military Super Power on this earth, is far more vital to the overall operations of this world then him providing compensation within a Roblox game. My client shouldn't be held in contempt due to exigent circumstances which arise from him quite literally defending the lives of the United States of America being home to a population of 346,396,732 MILLION HUMANS.
Your honor, due to my Client being a Active Duty Seaman of the United States Navy, he was reasonably occupied during the period of payment defending the United States within the real world, from threats to the Nations security. My Client did not intend to violate the Pay Period, he faced exigent real life circumstances which stem from his serving the United States and its people within the real world. I believe that his Service to the United States the biggest Military Super Power on this earth, is far more vital to the overall operations of this world then him providing compensation within a Roblox game. My client shouldn't be held in contempt due to exigent circumstances which arise from him quite literally defending the lives of the United States of America being home to a population of 346,396,732 MILLION HUMANS.
polyrabies 2025-01-09 05:58 p.m.Financial Issues within Clark County
Due to my Clients real world Military Service, he is routinely occupied with defending the United States of America, he doesn't have the time to acquire funds, even if my Client was present within the pay period, it'd be unreasonable to expect him to fulfill payment obligations due to him effectively being homeless within Clark County, as it stands my Client has 7,000 Clark Dollars, which puts him below the median revenue range for the average Clark County Resident. My client currently lacks any residence within Clark County and holds the homeless status.
Due to my Clients real world Military Service, he is routinely occupied with defending the United States of America, he doesn't have the time to acquire funds, even if my Client was present within the pay period, it'd be unreasonable to expect him to fulfill payment obligations due to him effectively being homeless within Clark County, as it stands my Client has 7,000 Clark Dollars, which puts him below the median revenue range for the average Clark County Resident. My client currently lacks any residence within Clark County and holds the homeless status.
polyrabies 2025-01-09 06:00 p.m.My Client has made Good Faith Efforts to comply with the Courts Directions as soon as he was back from Military Service
My Client has complied with the Court Ordered Summons and continues to be an active participant within the Contempt Proceeding, as it stands he is complying with Court Orders. This should display that my Client isn't an individual who intentionally avoids court orders such as payment requirements, he is simply an individual who has immense real world obligations such as being an Active Duty Military Servicemen.
My Client has complied with the Court Ordered Summons and continues to be an active participant within the Contempt Proceeding, as it stands he is complying with Court Orders. This should display that my Client isn't an individual who intentionally avoids court orders such as payment requirements, he is simply an individual who has immense real world obligations such as being an Active Duty Military Servicemen.
polyrabies 2025-01-09 06:08 p.m.
Overall, I ask this Court to take into consideration that my Client is an Active Duty Servicemen within the United States Armed Forces within the real world who regularly is deployed to situations where his life is at risk. My Client was actively in Service and faced real world Armed Forces obligations during the 98 day pay period, Armed Forces deployments and obligations usually last several months. My Client didn't willfully avoid paying, he simply couldn't he was faced with real world obligations which we must recognize as humans, we aren't all glued to our devices 24/7 and some of us have real world obligations. My Client lacks adequate funds to pay the 150,000 required, as it stands he has less then 20% of that he has 7,000 Clark Dollars in his possession and is rendered financially unstable within Clark County, therefore it'd be unreasonable to expect him to pay and I ask a payment plan is put in place or the relief is waived due to the exigent circumstances which faced and currently face my Client. My Client didn't wilfully violate Court Orders, as reasonably set forth, he's an active Duty Servicemen within the Real World, who was legally required to be present and execute functions of the Armed Forces within the 98 Day Pay Period. So I ask you don't hold my Client in Criminal Contempt, he didn't intentionally violate a Court Order and was faced by exigent real life circumstances.
polyrabies 2025-01-09 06:08 p.m.
Thank you
Awesome 2025-01-11 12:33 a.m.
Right, @polyrabies , to this date, your client has still not satisfied even a portion of the Court's judgment.
Awesome 2025-01-11 12:34 a.m.
If he had made these arguments at the time (before or following the Court's several reminders), I would be more sympathetic.(edited)
Awesome 2025-01-11 12:36 a.m.
As it stands, your client also left the Discord following the Court's reminder to "provid[e] receipt of payment to the Court by Wednesday, December 25, 2024 at 1:55 a.m. , 9 months ago [.]"
AwesomeRight, @polyrabies , to this date, your client has still not satisfied even a portion of the Court's judgment.
polyrabies 2025-01-11 12:49 a.m.
Your honor, as I've previously stated, my Client had real life legal obligations to meet which included being present for Active Military Service within the real world.
AwesomeIf he had made these arguments at the time (before or following the Court's several reminders), I would be more sympathetic.(edited)
polyrabies 2025-01-11 12:49 a.m.
My client did make you aware that he was apart of the United States Military.
AwesomeAs it stands, your client also left the Discord following the Court's reminder to "provid[e] receipt of payment to the Court by Wednesday, December 25, 2024 at 1:55 a.m. , 9 months ago [.]"
polyrabies 2025-01-11 12:50 a.m.
Obviously, he has real life obligations to meet, he risked his life throughout the pay period to serve the United States within the real world. Therefore he left the server to have his mind focused on his real life obligations....
polyrabies 2025-01-11 12:53 a.m.
Your honor, like I've already said, my Client was actively risking his life throughout the pay period. It's absolutely unreasonable to expect him to fulfill the payment within the pay period. He was legally mandated within the real world to appear for ACTIVE MILITARY SERVICE. So I once again ask that you don't find him in Criminal Contempt, he didn't willfully commit contempt, he was literally required by the law within the real world to tend to Military Duties.....
polyrabies 2025-01-11 12:53 a.m.@Awesome
polyrabies 2025-01-11 12:56 a.m.
Like I've also previously stated, my Client doesn't even have 10% of the funds required to fulfill the ordered compensation.
polyrabies 2025-01-11 12:57 a.m.
It's simply unreasonable to expect him to fulfill the compensation order for all the reasons above.
polyrabies 2025-01-11 12:57 a.m.
My client also notified you about his unavailability "i already told the court i wasn't going to available for court until the 16th due to being underway, and yet again nobody listened. i am available from now until january 20th"
polyrabies 2025-01-11 12:57 a.m.
Which shows he made EFFORTS to reach out to the court
polyrabies 2025-01-11 12:58 a.m.
even though he was risking his life daily
polyrabies 2025-01-11 12:59 a.m.
I'm also gonna assume the reason that the civil claim reached default judgement was ALSO DUE TO MY CLIENTS UNAVAILABILITY, which demonstrates that he is routinely occupied with real life duties, he just doesn't arbitrarily pick and choose when to go inactive.
polyrabies 2025-01-11 01:00 a.m.
I've just reviewed the entry for default and it does confirm my client was also previously unavailable which does show you that he doesn't just pick and choose when to go inactive
polyrabiesLike I've also previously stated, my Client doesn't even have 10% of the funds required to fulfill the ordered compensation.
Awesome 2025-01-11 01:05 a.m.
(1) He didn't timely (or, well, at all) raise his impoverishment; (2) he had forty-eight (48) hours from the Court's Paperless Order to file his Answer to the Complaint, which he had already failed to do for eighty-four (84) days; (3) your client was provided constant reminders, on more than several occasions no less, to fulfil his default obligations; and (4) your client ignored each and every one of those reminders.
Awesome 2025-01-11 01:05 a.m.
Your client left the Discord upon being told to front the judgment.
Awesome(1) He didn't timely (or, well, at all) raise his impoverishment; (2) he had forty-eight (48) hours from the Court's Paperless Order to file his Answer to the Complaint, which he h...
polyrabies 2025-01-11 01:05 a.m.
But are you not recognizing that he is an Active Duty Soldier who had real world legal obligations to fulfill?
polyrabies 2025-01-11 01:05 a.m.
He dedicated his life to the people of a Nation with 345 Million Inhabitants.
polyrabies 2025-01-11 01:05 a.m.
Within the real world^
polyrabies 2025-01-11 01:06 a.m.
And he couldn't raise his impoverishment because he rarely has the chance to go in game
polyrabies 2025-01-11 01:06 a.m.
he's occupied with real world obligations
polyrabies 2025-01-11 01:06 a.m.
He only found out within the past day or two
polyrabies 2025-01-11 01:06 a.m.
that he had 7k.
polyrabies 2025-01-11 01:07 a.m.
Despite his real world obligations, he still made an effort to inform the court of his unavailability, he also made the court aware that he was employed within the USA Armed Forces before this contempt hearing even took place.
Awesome 2025-01-11 01:41 a.m.PAPERLESS ORDER
THIS CAUSE is before the Court upon Defendants' several continuous failures to comply with their judgment obligations, pursuant to this Court's order, dated December 11, 2024.[1] There exists no (meritorious) contention that these violations (which happen to be egregious) are not willful. The Court has considered the record in this case, the applicable law, and is otherwise fully advised.
IT IS, THEREFORE, HEREBY:
ORDERED, ADJUDGED, AND DECREED that Defendants Cleerk_o and gTheronll are both found to be in criminal contempt of this Court's order, dated December 11, 2024; and IT IS FURTHER
ORDERED, ADJUDGED, AND DECREED that Defendants Cleerk_o and gTheronll are to both individually pay forthwith the sum of five-thousand dollars ($5,000) to the State; and IT IS FURTHER
ORDERED, ADJUDGED, AND DECREED that further violations of the Court's orders may be punished with a term of imprisonment.
DONE AND ORDERED in Chambers at Mersea, Mayflower, on January 11, 2025.
[1] Defendant@cleerk failed to timely respond to the Court's order, dated January 2, 2025, to show cause why he should not be held in criminal contempt thereof.
[1] Defendant
cc:@polyrabies /@cleerk @gTheronll
polyrabies 2025-01-11 01:43 a.m.
I ask that a stay is put in place
polyrabies 2025-01-11 01:43 a.m.
to provide me adequate time to appeal this
Awesome 2025-01-11 01:44 a.m.
Your client (and his co-defendant) have dragged this proceeding out at every turn. I will not stay my order.(edited)
polyrabies 2025-01-11 01:44 a.m.
As it stands I'm only the attorney for @gTheronll
Awesome 2025-01-11 01:44 a.m.
Apologies, client, and his co-defendant.*
polyrabies 2025-01-11 01:45 a.m.
Can you atleast stay the order respective to my client
AwesomeAwesome 2025-01-11 01:46 a.m.
Further, in light of gTheronll's claim of impoverishment, he is to provide evidence to the Court, no later than Monday, January 13, 2025 at 1:43 a.m. , 8 months ago , of his inability to pay the judgment entered; if he does not do so, the Court will assume his ability to pay.
polyrabiesCan you atleast stay the order respective to my client
Awesome 2025-01-11 01:48 a.m.
No. Your client, gTheronll, acted wilfully, and no reasonable contention exists (nor could it exist) to the contrary; he quite literally left the Discord upon being ordered to front the judgment.(edited)
polyrabies 2025-01-11 01:50 a.m.
I've already made it clear your honor, that he actively was engaged in Military Service within the real world during the pay period, it is impossible to expect an Individual who is actively risking their life for their country through Military Service to adhere to payment within only 98 days, active duty deployments can last years. Regardless, I understand your ruling and will be appealing.
polyrabiesI've already made it clear your honor, that he actively was engaged in Military Service within the real world during the pay period, it is impossible to expect an Individual who is...
Awesome 2025-01-11 01:51 a.m.
The Court's order remains in place, unless and until SCOM orders to the contrary, and I will expect your client’s stated intent to comply by Monday, January 13, 2025 at 1:43 a.m. , 8 months ago , otherwise further proceedings will ensue.(edited)
polyrabies 2025-01-11 01:52 a.m.
Can you specify what "further proceedings" are you planning to continously hold him in contempt until he pays?
polyrabies 2025-01-11 01:57 a.m.
and just to specify, upon my client paying 5k to the court, he wont be required to fulfill the 150k payment requirement?
polyrabiesand just to specify, upon my client paying 5k to the court, he wont be required to fulfill the 150k payment requirement?
Awesome 2025-01-11 01:59 a.m.
No. The Court's judgment remains in place, but I'll stay the judgment (dated December 11, 2024) as to your client, until Monday, January 13, 2025 at 1:43 a.m. , 8 months ago , so that your client may have an opportunity to show his inability to pay; if he does so, the Court will arrange a payment schedule.
Awesome 2025-01-11 02:00 a.m.
Like I said, if he does not show his inability to pay, I am compelled to assume his ability to pay, and we'll go from there.
polyrabies 2025-01-11 02:00 a.m.
He'll still have to pay the 150k??
polyrabies 2025-01-11 02:00 a.m.
Or are you referring to his inability to pay the 5k
polyrabiesOr are you referring to his inability to pay the 5k
Awesome 2025-01-11 02:00 a.m.
No, his inability to pay the judgment (150k).
polyrabies 2025-01-11 02:01 a.m.
Okay that makes more sense, thank you for the clarification.
Awesome 2025-01-11 02:01 a.m.
If he is unable to pay the judgment, that is one thing, but he never raised that argument prior to now (nor did he make any attempt at satisfying the judgment).
Awesome 2025-01-11 02:01 a.m.@polyrabies
polyrabies 2025-01-11 02:02 a.m.
Okay will an affidavit of my client attesting to him being financially unstable suffice
polyrabiesOkay will an affidavit of my client attesting to him being financially unstable suffice
Awesome 2025-01-11 02:05 a.m.
I'll accept whatever meets his burden of establishing his inability; a bare, unsupported assertion does not.(edited)
polyrabies 2025-01-11 02:05 a.m.
I would also advise the court of my clients inability to regularly be present in game, he is recovering from the implications associated with his recent active duty service within the Military in the real world.
polyrabies 2025-01-11 02:06 a.m.
Therefore he may not be able to adhere to a payment plan
polyrabies 2025-01-11 02:06 a.m.
Until at least March.
polyrabies 2025-01-11 02:17 a.m.
I would also advise the Court that its likely that I wont receive a reply from my client within the 2 days required to substantiate inability to pay, as I've previously stated, he's recovering from the implications associated with his recent active duty service within the Military in the real world.
polyrabies 2025-01-11 02:17 a.m.
Therefore, I'm asking the stay is extended until at least Febuary the 3rd 2024.
polyrabies 2025-01-11 02:17 a.m.
February
polyrabies 2025-01-11 02:19 a.m.
Two days is also extremely short, as I've previously set forth, my Client is an Active Duty Seamen within the United States Armed Forces, he is regularly engaging in Active Duty irl which is legally required, it's not a choice, he is required to be present for Active Duty Military Service within the real world.
polyrabies 2025-01-11 02:20 a.m.
My Client also did make you aware prior to this contempt hearing that he is infact engaged in Active Duty within the Armed Forces. If it isn't clear enough, he's referring to traveling on Military Vessels as he is a Seamen within the United States Navy in the real world.
polyrabiesMy Client also did make you aware prior to this contempt hearing that he is infact engaged in Active Duty within the Armed Forces. If it isn't clear enough, he's referring to trave...
Awesome 2025-01-11 02:21 a.m.
He said he would be “underway aboard [his] ship for the next week and a half;” nothing beyond that.
polyrabies 2025-01-11 02:22 a.m.
Mhm, that was a month ago, he's in the United States Navy, they are put into Active Service within a moments notice.
polyrabies 2025-01-11 02:22 a.m.
So yes he can be put into Service for a time period, then he can be put into Active Service again for a variety of reasons.
polyrabies 2025-01-11 02:22 a.m.
Which is the case here.
Awesome 2025-01-11 02:23 a.m.
Again, your client didn’t raise literally any of this prior to now; he only stated once or twice that he was out at sea.
polyrabies 2025-01-11 02:23 a.m.
For reference
polyrabies 2025-01-11 02:23 a.m. 
polyrabies 2025-01-11 02:23 a.m.
For him to even RETIRE
polyrabies 2025-01-11 02:24 a.m.
he must serve 20 years of active duty
polyrabies 2025-01-11 02:24 a.m.
to the Navy
AwesomeAgain, your client didn’t raise literally any of this prior to now; he only stated once or twice that he was out at sea.
polyrabies 2025-01-11 02:24 a.m.
He did though.
polyrabies 2025-01-11 02:24 a.m. 
polyrabies 2025-01-11 02:24 a.m.
This was more then a month ago...
polyrabiesClick to see attachment.
Awesome 2025-01-11 02:26 a.m.
“Aboard [his] ship” ~= claimed service in the U.S. Armed Forces.
polyrabies 2025-01-11 02:26 a.m. 
polyrabies 2025-01-11 02:27 a.m.
He reffers to it as "his" as it quite literally his, he's apart of the crew and attached to that service vessell.
polyrabies 2025-01-11 02:28 a.m.
So yeah for all the above reasons I ask that you implement a stay until at least Feb 2nd 2025, two days is such a miniscule time period considering the circumstances here.
polyrabies 2025-01-11 02:28 a.m.
And if you actually view my clients PFP
polyrabies 2025-01-11 02:28 a.m.
it's a US Navy vessell
polyrabies 2025-01-11 02:29 a.m.
So yeah, he's not fabricating anything, it's quite questionable for you accuse him of lying about his service to the country.
polyrabiesit's a US Navy vessell
Awesome 2025-01-11 02:29 a.m.
.
polyrabies 2025-01-11 02:30 a.m. 
polyrabies 2025-01-11 02:30 a.m.
It's a depiction of a US Navy vessel but it has cartoonish themes to make it applicable to community servers
Awesome 2025-01-11 02:31 a.m.
Firstly, I never stated nor implied that he was fabricating his military service (although, for the record, I have no way to verify his service); second, anyone can set their PFP to anything.
polyrabies 2025-01-11 02:31 a.m.
Anyway, that's all I have to say your honor, it's just not reasonable to expect my Client to respond within such small timeframes considering his Active Duty Military Service.
polyrabies 2025-01-11 02:31 a.m.
Therefore I'm once again
polyrabies 2025-01-11 02:32 a.m.
requesting the extended stay.
polyrabiesrequesting the extended stay.
Awesome 2025-01-11 02:32 a.m.
Thirdly, for the record, I do not accept your client’s excuse that he was unable to comply, in any manner whatsoever, with the Court’s order, given he not only responded on several occasions where he did not raise such, but also left the Discord upon being asked whether he would front the judgment.(edited)
polyrabies 2025-01-11 02:33 a.m.
He left it to mentally prepare himself to risk his life within the Armed Forces during active service. Discord can be a distraction, please acknowledge he would bring his phone during deployments.
polyrabies 2025-01-11 02:34 a.m.
And on the occassions he responded, he notified the court and made comments suggesting his inability to be actively present
polyrabiesHe left it to mentally prepare himself to risk his life within the Armed Forces during active service. Discord can be a distraction, please acknowledge he would bring his phone dur...
Awesome 2025-01-11 02:34 a.m.
Your client.. left his phone with him, but also left the Discord on December 25, 2024? That aside, I’ll entertain a stay of no more than a week; I’m not dragging this out any further.
polyrabies 2025-01-11 02:34 a.m. 
Awesome 2025-01-11 02:35 a.m.
Your client has failed to comply with virtually every stage of these proceedings.
AwesomeYour client.. left his phone with him, but also left the Discord on December 25, 2024? That aside, I’ll entertain a stay of no more than a week; I’m not dragging this out any furth...
polyrabies 2025-01-11 02:35 a.m.
To be clear, I'm saying he brought his phone with him to military service.
polyrabies 2025-01-11 02:35 a.m.
and left the server
polyrabies 2025-01-11 02:35 a.m.
to avoid distractions
polyrabies 2025-01-11 02:35 a.m.
as the phone would be with him during Military service.
polyrabiesas the phone would be with him during Military service.
Awesome 2025-01-11 02:35 a.m.
Well, that’s just non-credible, given he remained in the Clark County Discord.
polyrabies 2025-01-11 02:36 a.m.
Because it had no
polyrabies 2025-01-11 02:36 a.m.
matters relating to him
polyrabies 2025-01-11 02:36 a.m.
only this server continously
polyrabies 2025-01-11 02:36 a.m.
pinged him for his presence despite him making clear his unavailability
Awesome 2025-01-11 02:36 a.m.
That excuse is tenuous, at best.
polyrabies 2025-01-11 02:36 a.m.
Your honor, it's not an excuse it's the truth, can we get the week stay?
polyrabies 2025-01-11 02:36 a.m.
Until the 19th.
polyrabies 2025-01-11 02:37 a.m.
Of January 2025.
Awesome 2025-01-11 02:37 a.m.
Anyways, like I said, I’ll entertain a stay of no more than a week.
polyrabies 2025-01-11 02:37 a.m.
We'll take the week stay but I cannot gurantee
polyrabies 2025-01-11 02:37 a.m.
his presence
polyrabies 2025-01-11 02:37 a.m.
I'm simply doing my best to acquire the most reasonable time period for him to respond, since you don't want no more then a week, then I have no choice but to request a week long stay.
Awesome 2025-01-11 02:38 a.m.
To be clear, this stay is for the initial judgment (dated December 11, 2024), not the fine assessed as part of the Court’s finding of criminal contempt (dated January 11, 2024); the stay is now set to expire Saturday, January 18, 2025 at 2:37 a.m. , 8 months ago .
polyrabies 2025-01-11 02:38 a.m.
Can we also get a week long stay for the finding of contempt?
polyrabies 2025-01-11 02:39 a.m.
I see no reason for him to be given a stay for initial judgement but not the finding of contempt
polyrabies 2025-01-11 02:40 a.m.
By giving him a stay of for a week for finding of contempt, i'd imagine u recognize the reasonableness of his possible unavailability, therfore it should apply to the finding of contempt too respectfully.
polyrabiesI see no reason for him to be given a stay for initial judgement but not the finding of contempt
Awesome 2025-01-11 02:41 a.m.
No.. As I laid out above, the stay is so that he can prove his inability to pay the judgment (150k). By your own admission, he can pay the fine assessed as per the Court’s contempt citation.
polyrabies 2025-01-11 02:41 a.m.
But did you not also state
polyrabies 2025-01-11 02:41 a.m.
he has two days to pay the contempt?
AwesomeThe Court's order remains in place, unless and until SCOM orders to the contrary, and I will expect your client’s stated intent to comply by Monday, January 13, 2025 at 1:43 a.m. , 8 months ago , oth...(edited)
polyrabies 2025-01-11 02:42 a.m.
" i will expect your clients compliance in 2 days"
polyrabies" i will expect your clients compliance in 2 days"
Awesome 2025-01-11 02:43 a.m.
That’s not a stay.. That’s a compliance deadline; a grace period, if you will.
polyrabies 2025-01-11 02:43 a.m.
So he has two days
polyrabies 2025-01-11 02:43 a.m.
to adhere to the
polyrabies 2025-01-11 02:43 a.m.
payment?
polyrabies 2025-01-11 02:43 a.m.
for contempt?
polyrabiesfor contempt?
Awesome 2025-01-11 02:44 a.m.
It’s 5k, and your client has admitted that he is able to pay the citation.
Awesome 2025-01-11 02:44 a.m.
Default was entered on December 11, 2024, hence the “stay.”
polyrabies 2025-01-11 02:44 a.m.
Then I request that period is extended, you've already determined it's reasonable for payment periods to be extended due to the circumstances I set forth relating to my clients availability.
polyrabies 2025-01-11 02:44 a.m.
Two days is once again unreasonable..
polyrabies 2025-01-11 02:45 a.m.
99% sure he will not be able to even respond to my dms in two days.
polyrabies 2025-01-11 02:45 a.m.
Please extend it by a week your honor, that's my last and final request.
polyrabiesPlease extend it by a week your honor, that's my last and final request.
Awesome 2025-01-11 02:49 a.m.
The situation that your client finds himself in is entirely of his own making, and I have little sympathy for him. That said, I’m not extending the compliance deadline based on a speculative assertion that your client will be unable to respond to your DMs. If he is actually unable to respond, we can see about extending it.
polyrabies 2025-01-11 02:49 a.m.
Alright
polyrabiesBy giving him a stay of for a week for finding of contempt, i'd imagine u recognize the reasonableness of his possible unavailability, therfore it should apply to the finding of co...
Awesome 2025-01-11 02:56 a.m.
I forgot to respond to this, but I recognize that filing a document (as you have stated is your means of proving his inability) differs from a mere, simple statement of his intent to transfer (at a time to be set) an insignificant amount of funds, hence the disparity.(edited)
polyrabies 2025-01-11 02:57 a.m.
But like I've said he is regularly unable to be present in game
polyrabies 2025-01-11 02:57 a.m.
I can't reasonably have him send a picture of his funds
polyrabies 2025-01-11 02:57 a.m.
to prove his inability so I have to resort to other methods
polyrabies 2025-01-11 02:58 a.m.
the reality here is, like I've said a million times so has he, hes literally in the Military irl, he regularly is occupied with irl legal obligations to fulfill being active service, (if he doesn't he can be held liable in a military court irl
polyrabies 2025-01-11 02:58 a.m.
and plainly, the reason the original civil claim reached default judgement was due to his unavailability
polyrabies 2025-01-11 03:00 a.m.
Nothing he’s done here has been wilful in terms of defying the court order he had legal obligations to fulfill irl
AwesomeThe Court's order remains in place, unless and until SCOM orders to the contrary, and I will expect your client’s stated intent to comply by Monday, January 13, 2025 at 1:43 a.m. , 8 months ago , oth...(edited)
Awesome 2025-01-11 03:03 a.m.
I meant a statement of his intent to comply; compliance itself will be due at the same time that the stay of the judgment is set to expire.
polyrabies 2025-01-11 03:05 a.m.
Well you need to be more clear your honor respectfully this is a hearing in relation to criminal contempt
polyrabies 2025-01-11 03:05 a.m.
My defendants liberty is at risk and his assets are too
polyrabiesWell you need to be more clear your honor respectfully this is a hearing in relation to criminal contempt
Awesome 2025-01-11 03:06 a.m.
It’s a simple miscommunication.
polyrabies 2025-01-11 03:06 a.m.
It’s okay but once again my clients assets and liberty are at risk so I’d prefer if everything is clearly specified and communicated
polyrabies 2025-01-11 03:08 a.m.
Can you please put your orders into writing
polyrabies 2025-01-11 03:08 a.m.
As you continuously edit them
polyrabiesIt’s okay but once again my clients assets and liberty are at risk so I’d prefer if everything is clearly specified and communicated
Awesome 2025-01-11 03:08 a.m.
I apologize; I was thinking about one thing but mistakenly put something else. It’s a minor mistake, and has since been corrected.
polyrabies 2025-01-11 03:08 a.m.
Leading to confusion
polyrabies 2025-01-11 03:08 a.m.
And reasonable lack of certainty as to what you’re ordering and communicating
Awesome 2025-01-11 03:08 a.m.
There is no “reasonable lack of certainty.”
Awesome 2025-01-11 03:08 a.m.
It’s a simple typo, and has since been corrected.
Awesome 2025-01-11 03:08 a.m.
You’re reading too much into this, respectfully.
polyrabies 2025-01-11 03:09 a.m.
I’m just making sure everything is clear my clients freedom is at risk
polyrabies 2025-01-11 03:10 a.m.
Therefore everything needs to be clear on the courts part so I can effectively communicate with the court, make legal notions, make educated decisions for my client
polyrabies 2025-01-11 03:10 a.m.
Motions*
polyrabies 2025-01-11 05:22 a.m.@Awesome
polyrabies 2025-01-11 05:22 a.m.
Here is proof of my client not being financially capable
polyrabies 2025-01-11 05:22 a.m.
to fulfill court ordered payment
polyrabiesto fulfill court ordered payment
Awesome 2025-01-11 08:52 a.m.
Ok, I’ll see about a payment schedule.
Althoughcomplete inability to pay is a defense to contempt, he was able to pay (both as you stated during the hearing and according to the evidence presented to the Court) what his financial situation allowed; as he did not do so, contempt may be entered (and was). See, e.g. , S.E.C. v. Bilzerian , 112 F. Supp. 2d 12, 17 (D.D.C. 2000) (citing S.E.C. v. Musella , 818 F. Supp. 600, 602 (S.D.N.Y. 1993); Loftus v. Southeastern Pennsylvania Transportation , 8 F. Supp. 2d 464, 468 (E.D. Pa. 1998)).(edited)
Although
Awesome 2025-01-11 09:23 a.m.@krabz You want this, for the payment schedule — and further enforcement proceedings — bit?(edited)
Awesome 2025-01-11 09:27 a.m.
and <#1285750817311166584>
AwesomeOk, I’ll see about a payment schedule. Although complete inability to pay is a defense to contempt, he was able to pay (both as you stated during the hearing and according to t...(edited)
polyrabies 2025-01-11 02:41 p.m.
Huh, he only has the ability to pay the fine not the 150k
polyrabies 2025-01-11 02:42 p.m.
Not once did I say he had the capabilities to pay the court ordered 150k infact I said the opposite
polyrabies 2025-01-11 02:50 p.m.
It is still the defences position that my client is financially unstable and incapable of fulfilling the 150k court ordered payment, he’s already proved that he only possesses 7k in funds which isn’t even 10% of the court ordered amount.
polyrabiesHuh, he only has the ability to pay the fine not the 150k
Awesome 2025-01-11 04:11 p.m.
The latter was noting that, to have not violated the Court’s orders, he would have needed to pay what his financial situation allowed to the State.(edited)
polyrabies 2025-01-11 05:40 p.m.
"Although complete inability to pay is a defense to contempt, he was able to pay (both as you stated during the hearing and according to the evidence presented to the Court) what his financial situation allowed; as he did not do so, contempt may be entered (and was"
polyrabies 2025-01-11 05:40 p.m.
What do you mean by this your honor?
polyrabies 2025-01-11 05:40 p.m.
Cause he was never able to pay the 150k.
polyrabies 2025-01-11 05:41 p.m.
The only thing he was actually capable of paying
polyrabies 2025-01-11 05:41 p.m.
was the contempt fine which was imposed yesterday
polyrabies 2025-01-11 05:41 p.m.
and hasnt passed deadline for pay...
polyrabies 2025-01-11 05:42 p.m.
Anyway, @Awesome my Client is able to pay the 5K Court Imposed Contempt Fine, which was imposed yesterday.
polyrabies 2025-01-11 05:42 p.m.
How do you want him to pay.
polyrabies 2025-01-11 05:43 p.m.
What methodology will he use to pay the fine
polyrabies 2025-01-11 05:46 p.m.
My Client has made efforts to join the Clark County game within the past 10 minutes, he has no ingame fine to pay.
polyrabies 2025-01-11 05:47 p.m.@gTheronll Can you confirm for the record that you have no ingame fine to pay?
polyrabies"Although complete inability to pay is a defense to contempt, he was able to pay (both as you stated during the hearing and according to the evidence presented to the Court) what h...
Awesome 2025-01-11 05:49 p.m.
This is referring to the 150k. As for the in-game fine, the terminal wasn’t working yesterday; I’ll issue that shortly.
polyrabies 2025-01-11 05:49 p.m.
Please issue it immediately, according to your order he only has two days to pay it...
AwesomeI meant a statement of his intent to comply; compliance itself will be due at the same time that the stay of the judgment is set to expire.
Awesome 2025-01-11 05:50 p.m.
.
polyrabies 2025-01-11 05:50 p.m.
And my Client may not be available again for some time.
polyrabiesgTheronll 2025-01-11 05:50 p.m.
That is correct.
gTheronllThat is correct.
Awesome 2025-01-11 05:51 p.m.
As for the in-game fine, the terminal wasn’t working yesterday; I’ll issue that shortly.
gTheronll 2025-01-11 05:51 p.m.
Copy
polyrabies 2025-01-11 05:52 p.m.
I would also like the record to reflect my Clients expeditious efforts to comply with the Court Order, it hasn't even been a day since the Court Ordered him to pay the fine, and he's already made efforts at 5 PM Local time for him, which is Noon, where most people are occupied with real world duties.
polyrabiesI would also like the record to reflect my Clients expeditious efforts to comply with the Court Order, it hasn't even been a day since the Court Ordered him to pay the fine, and he...
Awesome 2025-01-11 05:53 p.m.
That doesn't excuse his prior contempt.
polyrabies 2025-01-11 05:53 p.m.
He was occupied with real world obligations during that pay period, now that he has time he makes every effort to adhere to court orders.
polyrabies 2025-01-11 05:56 p.m.
Can the Court notify us when the ingame fine is issued?
polyrabiesCan the Court notify us when the ingame fine is issued?
Awesome 2025-01-11 06:02 p.m.
Sure. No worries. I apologise for the slight delay; as I said, the terminal wasn’t working yesterday.
Awesome 2025-01-11 07:13 p.m.@polyrabies It should be issued now.
Awesome 2025-01-11 07:13 p.m.
If it's not, let me know.
Awesome 2025-01-11 07:13 p.m.
The terminal still doesn't like out of game citations.
polyrabies 2025-01-11 07:14 p.m.
He is heading in game right now to check.
gTheronll 2025-01-11 07:15 p.m.
Should be paid.